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1990 Supreme(Ker) 130

U.L.BHAT, BALANARAYANA MARAR
Vasu – Appellant
Versus
Pathooty Umma – Respondent


Judgment :-

Bhat,J.

1. The revision petition comes before us on a reference by T. L. Viswanatha Iyer, J. doubting the correctness of the decision in C.R.P. No.2559 of 1989 between Kalloli Kunhikannan and another v. Mannan Paithal and another reported in (1990 (1) KLT 651:1990 (1) K.L.J. 407).

2. The revision arises on a petition filed by the respondent, land-lord of a shop room for eviction of the tenant under S.11(2) (b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1963 (for short, 'The Act') on the ground that the tenant (revision-petitioner) has kept rent in arrears and that the land-lord bonafide needs the building for the occupation of her dependent son, P.W.1 to enable him to start trade in auto spare parts. The petition was opposed by the tenant who admitted arrears of rent but denied the need alleged. He raised the plea under first proviso to S.11(3) that the land lord has other buildings of her own in her possession in the same town. He also raised the plea under second proviso to S.11(3) that he depends for his livelihood mainly on the income derived from the tailoring business conducted by him in the disputed shop room and that no other suitable building







































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